CLA-2-RR:NC:TA:350 C83031
Mr. Antony Wagman
Quest Cotton Products
Empress Mill, Empress Street
Old Trafford, Manchester MI6 9EN
England
RE: Classification and country of origin determination for cotton swabs produced in China with sliver supplied from India; 19 CFR 102.21.
Dear Mr. Wagman:
This is in reply to your letter dated December 15, 1997, requesting a classification and country of origin determination for cotton swabs made in China with sliver supplied from India.
FACTS:
The cotton swabs, as depicted by the instant samples, consist of a plastic stem measuring about 4 inches in length which contains a cotton wadding affixed to each end. Your letter states that the cotton sliver material is supplied from India to China because it is a higher quality of cotton than that which is produced domestically in China. This better grade of cotton is necessary, according to your letter, because Chinese cotton is not of sufficient quality to be processed through the machines you indicate are supplied to China from Switzerland. Specifically, according to your correspondence, the cotton sliver is fed into the machines and wound around the stem of the swab. You stress that the cotton is not altered in any way whatsoever during this process. It is further understood that the plastic stems for these swabs will be supplied from Korea.
This ruling will not address the valuation of the merchandise.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the cotton swabs will be 5601.21.0090, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for ... articles of cotton wadding. The duty rate is 5.8 percent ad valorem. Textile category 369 applies.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.
Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c) (1) is inapplicable.
Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"
Paragraph (e) in pertinent part states that "the following rules shall apply for the purposes of determining the country of origin of a textile or apparel product under paragraph
(c) (2) of this section":
HTSUS Tariff shift and/or other requirements
5601.21.0090 .... (2) A change to flock, textile dust, mill neps, or articles of wadding, of heading 5601 from any other heading or from wadding of heading 5601.
As the plastic stems are classifiable in Chapter 39 and the cotton sliver in heading 5202..., it appears that the tariff shift requirement for the plastic stem and cotton sliver have been met.
HOLDING:
The country of origin of the product is China.
The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division